THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL APPEAL No.415 of 2006 23-12-2014 BETWEEN:
Koppu Venkata Prabhakara Rao …..Appellant AND Vudi Hanumantha Rao and others …..Respondents THIS COURT MADE THE FOLLOWING ORDER:
THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL APPEAL No.415 of 2006 JUDGMENT:
This Criminal Appeal is filed by the complainant challenging the judgment dated 17.06.2005 on the file of the Assistant Sessions Judge, Vizianagaram in S.C.No.36 of 2001 whereby the learned Sessions Judge found the respondents-A.1 to A.6, A.8 to A.10 and A.12 to A.18 not guilty of the offence under Section 395 IPC and acquitted them of the charge. The case against A.7 and A.11 was already abated as they reported to be died during the trial.
The brief facts of the case of the prosecution are as follows:
The accused and the complainant are neighbours. There are grudges among the accused and the complainant. The case in C.C.No.553 of 1995 on the file of Additional Judicial Magistrate of I Class, Vizianagaram was ended in acquittal against the complainant and his family members. While so, on 30.3.1999 at about 8.30 a.m., all the accused trespassed into the house of the complainant, bolted the doors from inside, when the complainant resisted, A.1 beat him on his head with iron pipe rod, A.12 beat him with a stick on the right knee, when his son went to rescue, A.1 beat him with iron pipe rod, A.12 beat him with a stick and later the accused attacked his wife and daughter and beat them with hands and removed the golden ornaments wore by them on their bodies and when they resisted, the accused assaulted them and took away the gold ornaments highhandedly, on which, the complainant presented Ex.P.1 complaint with the I Town Police Station, Vizianagaram for the offence under Sections 452,324, 323 and 329 r/w 34 IPC, but, after investigation, police laid the charge sheet for the offence under Sections 323, 324 and 452 IPC. Aggrieved thereby, the complainant filed the private complaint for the offence under Section 395 IPC. After taking the case, the learned Magistrate, examined all the witnesses, took the case on file for the offence under Section 395 IPC and after furnishing all the documents to the accused, committed the case under Section 209 Cr.P.C. to the District Judge, Vizianagaram. Later, the District Judge made over the case to the learned trial judge for trial and disposal.
In order to bring home the guilt of the accused, prosecution examined P.Ws.1 to 6 and marked Exs.P.1 to P.6. On behalf of defence, D.W.1 was examined and Exs.D.1 to D.8 were marked.
After evaluating the entire evidence brought on record, the trial Court acquitted the accused on the following grounds:
(1) The entire reading of the evidence adduced by the prosecution witnesses does not disclose an offence under Section 395 IPC.
(2) Admittedly, the prosecuting party and the respondents-accused party are in inimical terms. Earlier a case was filed against them was ended in acquittal for an offence under Sections 323 and 326 IPC.
(3) It is the case of the prosecution that on 30.3.1999 at about 8.30 p.m., the respondents-accused entered into the house of complainant, caused injuries and took away 40 tulas of gold ornaments,32 tulas of Chandraharam and 10 tulas of pustelatadu. They also removed 12 golden bangles each weighing one tula of gold, a gold ring and a die chain of 20 tulas from the daughter of complainant. It is an admitted fact that the accused and the complainant families are residing side by side houses. The learned trial judge was of the view that the evidence adduced by the prosecution witnesses is highly unbelievable and does not inspire confidence of the court since their evidence to the effect that by the night of 8.30 p.m. the witnesses were wearing 1254 grams of gold ornaments in the absence of any specific occasion is highly imaginary one. The entire evidence adduced by the witnesses is only with an intent to implicate the accused in the case and to get a conviction against them. Holding so, the trial Court acquitted the accused of the charge.
The findings recorded by the trial Court in acquitting the accused are on appreciation of the entire evidence in proper perspective. As rightly observed by the trial Court, in the absence of any specific occasion, the witnesses wearing the gold ornaments weighing of 1254 grams that too in the night at 8.30 p.m. is highly unbelievable and improbable. The evidence adduced by the prosecution does not establish the ingredients to attract an offence under Section 395 IPC or an offence under Section 379 IPC.
Hence, this Court is not inclined to interfere with the impugned order of acquittal recorded by the trial Court.
In the result, the appeal fails and the same is accordingly dismissed. Miscellaneous Petitions, if any, pending shall stand closed.
RAJA ELANGO,J 23.12.2014 Tsr